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FROM THE ANN ARBOR JOURNAL. 



GOV. ELAIirS SPEECH. 

POtlTICAt ISSUES BEFORE THE tmiiL 



VIEWS AND ASSUMPTIONS OF THE RADICALS,_AND COM- 
MENTS UPON THEM, 

And upon the Proposed Amendments to 
the Constitution. 



■ 



A. COMPEOMISE NECESSARY. 



GOVERNOR BLAIR'S SPEECH. 2dly. The Southern States are greatly 

impoverished; large districts, have been 

Gov. Blair gave the people a speci- , . . , , , . . , 

. ° . r devastated by war, and socie y, industry 

men of his fanatical effusions at the , . • *■"«'• * : ii i l j 

and business in all ot them have been de 

Court House, on monday eveniug. He , , , i *i ■ * 

' J =■ ranged and broken up ; the aristocracy 

dwelt largely upon the dinger of the _ . t . • a c *u i ' i_ u 

6 / r s an j t ne influence of the great slavehold- 

rebel debt beiBg assumed t>v the United ^uu *jjj, j 

° ers have been overturned and destroyed, 
States, and the necessity of adopting , ., > , ,, , 

' / f o aD ,j the masses of the people not inter- 

the proposed amendment to the Cons.i- estcd in the rebel debt, will insist upon 

tution of the United States, to prevent repudiatinq it> in order to ]essen tbeir 

such an assumption. The pretence ,„_„„ m. ._. ,„-u k„ ,• e ,, n . 

r r taxes. there will be in future no great 

that there is anyroal danger of such an •, „ nu • . ± i j •<. 

j & and wealthy aristocracy to lord it over 

assumption is all humbug, for the fol- *i ^ cu ,u it i. i 

r &» " c "" the people of the south as there has been 

low iog reasons; First, the rebel debt is • lhe t . 

held by a very small portiou of the South ^ Qnl y a sraa „ portion of tLe peQ 

ern people * perhaps not one-tenth par- ]e of the elcycn Slateg ^ ; uterested jn 

of them are interested in it, aod the ,, i u .. ., U i ., Q . . • -. 

' the rebel debt. Ail the other States m- 

masscs of the people at the south will , ,. t, . r, ,, , , w 

., . r eluding Delaware, Maryland, Western 

be very wdling, and the most of them y^.^ Kentucky , and Migscnri) and 

anxious to avoid its payment-ia order r1| thfl NorlherD< Western and ^.^ 

to lesaen their burtheru of taxation as . . „ :i1 k „ jj,. . • , T , , lt 

States, will be opposed to it. We shall 

much as possible. Very few members v • u e 4 o. . i 

en J WV™ ,t on have in all over forty States; and 

of Congress can be elected, even at the if a il the Senator* and Representative 

south, who favor such assumption. from lha eleven seceding States should 



£ C- 



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Bupport such a measure, there would be second section ought also to be adopted 
"early three to one against them in the to prevent an increase of political power 
Senate, and more ' than three to one at the south by reason of the emancipa- 



against them in the House of Represent lion amendment. But we fear all prop. 
tatlVes - ; pr amendments will be defeated by coup; 

4thly. The idea suggested by the !iQ g them with those that me improper 



arch demagogue, that such a measure and impracticable, and unacceptable 
can bo cirried through Congress by to tho Southern States, 
bribery,— by buying up a Majority of 

both Houses is silly and absurd. The r0LITICAL ISSUES BEFORE THE 
President of the United States must a* PEOPLE, 

so be bribed-to approve the ,Lil!_ or 1st. The great and direct issue pre- 
cise they must bribe or buy up enough sentcd to the American people is 
to carry the bill by a two-thirds Tote shall loyal representatives from the 
0Ver ius vct0 - Southern States, who can take the 

Gov. Blair ought to be ashamed of test oatb prescribed by Congress, be 
such absurd appeals to the fears and ^mediately admitted into Congress, 
prejudices of the people. If the 4th and the restoration of the Union be 
section of the proposed amendment tmis completed, 
could be adopted by itself— the people The Conservatives and all the real 
of the United States, both North and friends of the Union, say yes. The 
HouLh, East and West, would support radical leaders say no. Though the 
it, in order to prevent any agitation of Southern people have complied with 
the question, and appeals of demagogues all the terms and conditions imposed 
to the people— upon the subject. They upon them by residents Lincoln and 
would go also in favor of the first sec- Johnson, and by Congress also,' prior 
lion of the proposed amendment if only to the last session thereof, the radicals 
one word, the word civir. was inserted have determined to impose upon 
therein, before the word privileges ; so them further conditions. 
as to make the section clear and defi- After being in session more than 
i»io, confine it to civil rights and six months, in June last the Republi- 
privileges, and prevent politibal dema- can members of the Joint Committee 
.-.giics and fanatics from urging in future of the two Houses on Reconstruction, 
Mat it centers political as well as civil reported a proposition to amend the 
rights and privileges upon the colored Constitution of the United States and 

to add thereto a new article consisting 
The third section of the proposed of five sections, 
amendment would also be adopted if it 2d. The proposed amendment to the 
could be separately, and only a few Constitution presented by the majority 
words were struck out, which extends of that committee and adopted by the 
the d.squah6cation to State as well as Republican members of both Houses of 
to t.Jeraloffi.ers. A substitute for the Congress, is the only issue directly 



•resentc.1 to the people by the Repub- tion : but it is really the great issue 
lean party. before the country, and the people 

But neither the radical leaders nor must £0on se ttfo it. 
he Republican paity, are directly pled- od. The third — the gre^t masked 
r ed to a Imit loval representatives from issue is, shall the radicals be allowed 
be southern Stated after the proposed to ignore and overturn the present 
rcendments shall have been ratified State governments of the sending 
y three-fourths ct the States — in States — to pass and carry into clfect 
ase they shall bo t So ratified. On the bills to establish governments over 
ontrary, the republican majority in those State* as conquered provinces or 
Congress expressly refused to pass the territories, subordinate to the federal 
ill preseute 1 by the committee, to government, as other territories ai'e — 
lake such pledge, aad rejected the \o prescribe the elective franchise th ere- 
iill. in — to confer the elective franchise 

They dp not intend to admit the rep- cn the freedmen and all colored men, 
esentatives of those States upon any ana disfranchise all or [nearly all the 
uch conditions. This is declared by w hhemen who participated in the re- 
orna of the leading radicals. Their bellion ; aud in that, mode provide for 
eal object is to mask and conceal their the election of delegates to another con 
ltimate views and purposes until af- yention in each of those Stales, to revise 
er the election, to the end that they the constitution thereof, and to re-or- 
jGay the more effectually deceive and ganize those States on such a basis. — 
tumbug the people — to enable them That is the end which the radicals are 
o carry the election this fall, procure striving to attain for partizan purposes 
he ratification of the proposed amend- — for the purpose of perpetuating their 
iients — to gain time aud prevent own power ; and the union will never 
hose States from ypting at the Presi- be- restored, if tbey can prevenl it, un- 
lential election.kj l8'J8— and to use til that end is attained. 
he advantages thus gained and their The wishes and efforts of the radi- 
enewed lease of power, to impose cals to attain that end, and tbose of 
till further conditions upon those the conservatives to prevent its attain- 
States, prior to the admission into con- ment, constituti the great and final 
f ress of their representatives. We issue now pending before the Arueri- 
iiust therefore look father and beyond can people. It is an issue which in- 
he prop sed amendments to the Con- volves a revolution in our government, 
titution, for the real issue which the the absorption cf nearly all the sover- 
adicals have determined to force upon eign powers of the States by Congress, 
he American people. The great issue and the virtual change of our system 
pinch they have resolved to .from a federal government formed of 
orce upon the country is masked by States sovereign aud independent for 
he Republican leaders, and will be interior and domestic purposes, into a 
:ept concealed from the people as great centralized government, with 
euich as possible , until after the elec- sovereign powers almost unlimited. — 



We are rapidly drifting into a great which legitimately follow a war be- 
ceutral absolute government, which is tvveen independent nat : ons. 
o-radually sapping the foundations of 2d. That one of the consequences 
our State governments and absorbing resulting from the war, was that, with- 
thcir powers. in the limits prescribed by humanity. 

The principles of self-government are the conqured rebels were at the mer- 
involved in and depend upon 01 r State cyofthe conquerors— that they were 
o-overnments ; and w hen they are de?- reduced to the condition of enemies 
troyed, the fabrick of sell-government conquered in war ; entitled only by 
will soon perish,and the political liber- public law, to such rights, privjleges 
ties of the people will perish with and condition* as may be vouchsafed, 
thcni. * [«ranted] by Congress. 

od. That bv withdrawing their rep-i 
VIEWS AND ASSUMPTIONS OF THE rese ntatives and waging war, thev be- 

came " Public enemies', and voluntarily 
Kteven of the Southern States having renounced the right to repiesentation 
without just cause , declared their in- in Congress. 

dapendence of and seceded from the 4th. That the people of those States 
Union, withdrawn their representa- forfeited all civil and political rights un- 
tives from Congress, and established der the constitution; and can be restor. 
a Confi'dfiTfltft Government, indpppnd- e J lliercfo ouly by the authority O^ 
ent of and hostile to the government that constitutional power against whicl 
of the United States; and having they rebelled, and by which they wer< 
seized the Forts, Arsenals and Navy subdued. 

Yards,Custom Bouses and other prop- 5th That the authority to reston 
erty of the Federal Government with- rebels to political power in the federa 
in, tbeir reach — threatened the city of government can be exercised onb 
Washington, and waged an unjust with the concurrence of all the depart 
civil war against the government of mentsin which political power is vest 
the United States and against the e d, (iucluding the Senate and House o 
loyal people who adhered thereto— it Representatives as well as the Presi 
is assumed and declared by the radi- dent). 

cal republicans, and by a maj aty of 6th. That further legislation by Con 
the joint committee of fifteen appoint- gress is neces-ary, before those State 
ed by Congress at the last session will be or can be entitled to partici 
thereof ; pate in the government of the Unitei 

1st. That the people of the sece- States, by their representatives in Coi 
ding Stales by their acts made t'nem gress 

selves public enemies, subject to all the 7th. That "no proof has been afford 
rules which by the laws of nations; ed of a constiiuency in any one c 
control tiv'n as >vell as international the so-called confederate States, unles 
wars — and to all the consequences we except the State of Tennessee, quj 



5 

ified to elect Senators and Representa- Mere traitors as well as ineurg- 

tivesin Congress ; and that there are ents and revolutionists, and were sub- 

ao such constituences. ^ j ect to trialj condemnation and punish- 

8fch. 'That the States lately in rebel- ment as criminals. But such was not 

on were at the close of the war, disor- the case with the loyal people of those 

■janized communities., without civil States ; otherwise the slaves and 

government, and without constitutions all the women and children would be 

or other forms by virtue of which po- included as ciminals. 
ideal relations could legally exist be- „ . it 

,™™ .1, 3 ^ x i , -I 11 a war with a f jreicjn nation the 

Aveen them and the lederal govern- , T . , ^ -.',*! 

t , United States are governed by the 

m i rn t. ,'< .- i , fam of nations : — but not so in a eiv- 

9th, That no constitution has been ., \ ~ ,, 

u„ n n„ „,i , -, , . iT 0J „ il war between the government ot the 

.egally adopted, except in the State of TT v , a , B . .,. _. ... 

r i,i- , United btates and a portion of the citi- 

Lennessee ; and such elections as have ,, ,. .„ . , , 

t , t . , , . , zens thereof All nations and people 

peen held, were without authority of , . x1 , - 1 

■ J are subject to the laws of nature — 

-m*i m x /--< , -. , which were established by God in the 

10th. That Congress would not be i , il . -, • ., ^ 

,,„*•« , . , . . , . nature of things, and in the na'ure and 

ustihea m admitting such commum- ... f „ .. , 

, ..... , constitution of man, Government be- 
lies to a participation in the govern- . , . . 

■ -ai'i r t i ., ,. mg necessary for the protection ot m- 
nent ot the country, wuhowt Hrst pro _. .j , ,, . , <, , 

. ,. . . . , r dividuals and the maintenance of order 

ndmg such constitutional guarantees • •.•.•, -, ., , 

.f . , . . , . . 1[1 society, it is based on that necessi- 

as will tend to secure the civil rights ot , -, , 

„ ... ; ;, _ , v. . ty> and on tee laws of nature,— from 

ill citizens of the Republic : a lust ,•,•.• -, • -, 3 

Vi £ . *\ which its iust powers are derived, and 

3quahty of representation ; protection , ,. , .. .* ,. .. , -. , , . 

• ^ ■, ■ r -,-,.,„. . by which it is limited. Our lederal 

against claims founded in rebellion and , , , ... 

, , . government and every legitimate erov- 
3rime ; and exclusion from positions , , . , , , . v 

n , ,. , r l . eminent, has a right to exercise such 

)t public trust, of at least a portion of - v -, 

, , l extraordinary powers as are really nee- 

those waose crimes have proved them essary to overcome and t cWn 

to be enemies to the Union, and un- and all opposition to its legilimale and 

worthy of public confidence. }>l0per authority. 
comments on the views and as- The Constitution Statutes and treaties 

SUMPTIONS OF THE RADICALS. rf fche TJ aited g^ with such ^^ 

The views of the radicals contain and practice as have grown up under 

much truth and some sound reas .ning; them, constitute the entire code, civil, 

but it is truth blended with more or criminal and military of the United 

.ess fallacy and error-false assumptions States,— except so fir as the laws of 

and sophis ry. nature maybe said to supply the defic 

1st It is true that the rebels of the iences of the positive code. Euch of 

seceding States became public enemies the States has a common law in some 

—but not alien enemies j they were measure peculiar to itself— but the 

lomestic enemies not foreign United States as a nation have no com 

snemies ; many of them inon law, except such practice and usa 



6 

ges as have grown up under the con- enemies are at the mercy of (be conquer- 
stitution and statutes, thereof— and ers so far as the future political Status 
some portion and principles of the and government, and also the public 
laws of nature. They are not governed property of the vanquished party are 
by the common law of England, by concerned ; but no farther. The laws 
the public law of Europe, >nor by laws of national warfare forbid the conquerer 
of nations — except such parts of the from taking the life or the private prop- 
laws of nations as harmonize with the erty of the vanquished, or reducing them 
federal constitution and the laws of to slavery, or imposing any penalty or 
nature. The federal government de- punishment upon them ; and all persons 
rives no powers whatever from the laws -captured must be treated as prisoners of 
and usages of nations, nor from the war » and discharged at the close of the 
public law of Europe in. relation to war war, if not previously exchanged or pa- 
in iheir intercourse and wars with far- &°oled. 

eign nations the United States are gov Iftha same legnl consequences that 
erued by the laws and usages of na- follow a foreign war, follow also a civil 
tions ; but in their domestic inter- war, as the committee affirm, then the 
course and their wars to put down in- detention and imprisonment of Jefferson 
surrections and rebellions, revolutions Davis, Stevens of Georgia and several 
and civil wars at home, they are gov- other officers of the so-called Confeder- 
ated by the constitution statutes and ate government to be tried for treason, 
usages -of the United States, and such was and is a palpable violation of pub- 
portions of the laws of nature as liar- He law. If the icbelsare regarded in law 
monize with, and are necessary to snp- in tue same I5 g ut as alien enemies, then 
ply the deficiencies thereof. the J bave D0t beea g l)ilt y of treason, nor 
The laws and usages of nations fur" an ? olher crime a S ainst ^e United 
nish guides and evidences of what is States; they have forfeited no rights of 
proper and necessary in certain milita- person or property, they need no par- 
ry situations and exigences , but they don > and a11 tbe laws P as3ed b ? Congress 
are not obligatory upon us as laws; to confiscate their property are contrary 

and the federal government cannot de- to tbe P rinci P ,es of P ubllC ,;1W - Xt is on ~ 

' -, -p.- i r. , lv by distinguish in? civil from foreign 

nve any additional powers from such ■ J to . .. _ . 

wars, that we can uistify the detention 
sources 

and trial of Jefferson Davis, as a erimi- 

2d. The second position of the fa- ^l, and can defend tbe justice and con- 
mous joint committee of Congress, is flt itutionality of the laws of Congress- 
fallacious. The consequences resulting wbich prov id e9 for the -confiscation of the 
from victory in a civil war are very dif- pro p ei ty of insurgents, 
ferent from these resulting from victory 5d? and 4lh# It ; s my true that the 
and .conquest in a foreign war. In the re bels became public enemies, and re- 
latter case there is some truth in the nounced their rights to repre- 
statementof the committee, that within senialion in Congress; but they did 
the limits of humanity, conquered alien not forfeit any civil or political rights 



under tire constitution, for the very ob- penalties which the law imposes on 
vious reason, that Congress never passed a criminal for his crime, wipes out 
any law declaring that treason or any all the legal consequences of the crime, 
other c rime should work a forfeiture of and restores the criminal to all the rights 
either civil or political rights. (if any) which he may have forfeited" by 

The act of Congress of July 1SG2, to reason of crime, 
suppress insurrection and punish treason 5th. The pretence set forth in the 
and rebellion, and to canfisc->te the fifth point of the Joint Committee,- that 
property of rebels, declares that any per- the authority to restore rebels to politi- 
son convicted of treason shall suffer cal power can be ■exercised only by the 
death, and all bis slaves shall be made President with the concurrence of both 
free, or he maybe fined not less than houses of Congress, is a false assumption. 
810,000, and shall also be foiever inca- It is tantamount to a claim of right to 
pable and disqualified to hold any ofSca participate in the pardoning power — to 
uuder the United States. It also pro- a claim lo divide the pardoning power 
vides for the confiscation of properly. — with the President ; and that he cannot 
The old law provides simply for capital exercise it effectually without the appro- 
punimment for treason — without any val and concurrence of both Houses of 
forfeiture of property, or of any other Congress, 
right, either civil or political. A more preposterous claim was never 

The rebels by their crimes subjected set up by ambitious aspirants to power, 
themselves to trial and condensation for If such views are to obtain in our cpun- 
treason and to the death penalty, or to try, all the independent and sovereign 
a fine, and certain other disabilities, and powers of the President will soon ba 
also to the confiscation of their property usurped and swallowed up by Congress ; 
— but to no foifeiture of oitlior civil or nnd thp Pmsidsut will become the mere 
political rights, except the right to hold tool of congressional and partizan leaders, 
office under the United States. True, When the rebel armies surrendered 
they renounced their allegiance and and the Confederate Government was 
right t) representatives in Congress ; overthrown, it beearna th 3 duty of 
but they were invited by Resolutions of the President to put the Constitution 
Congress, and by Proclamations of Prcs and the laws of the United States again 
ident Lincoln, and Johnson. — !o return into practical operation in the confeder- 
to their allegiance and to their former ate States — to extend to them the Post 
places in the Union and in the govern- Office dapartment — to open their ports 
roent thereof, on certain conditions ; and and collect duties on imports -to extend 
like the prodigal son, they baveaccepted to them the judicial department — to ap- 
and complied with the conditions offer- point officers for all such purposes — to 
ed, and sent representatives again to see that the laws were faithfully exe- 
Congress. and fisked admission. Every euted — and to exercise the pardoning 
principle of cood faith and justice, as power liberally, according to the exigen- 
well as constitutional law, entitle them ces of the country. All that was faith- 
to representation by loyal representa- fully done by President Johnson; and 
tives, who can take the test oath pre- it then became the business of the peo- 
scribed by Congress ; but Congress has pie who had ceased to be public enemies 
refused the admission of loyal members and had been pardoned by the President 
from ten of those States, and admitted to proceed and re-organlze their State 
them from Tennesse oidy. governments undar the State laws in 

Nearly* all the rebels have been also force previous to the rebellion, and then 
pardoned by the President on certain in force; oidy those laws ttiat related to 
conditions, with which they have com- the rebellion and the confederate gov- 
plied. A pardou remits the penalty or ernment being void. 



8 

If, during the rebellion, Congress had out of the Union— their political fights 
passed an act declaring that the people never having been forfeitel, the people 
of those States should forfeit their po- having returned to their allegiance, been 
litical rights and the right of self- pardoned, and reorganized their State 
government, and be reduced to the con- governments, they "are entitled to the 
dition of conquered provinces, unless same rights under the Constitution and 
they laid down their arms and returned the same representation in Congress, as 
to their allegiance within a certain time — ■ if they had never rebelled, 
and Lad also provided a system of gov- 7th. The fact that the civil and politi- 
ernment for them as Territories on such cal rights ofthepeoj leof those States, as 
Contingency— then, when the conquest citizens of the United States, have nev- 
was achieved, it would have been the er heen forfeited ; that they have re- 
duty of the President to appoint the turned to their allegiance and been par- 
territorial officers provided for, and to doned; that they have reorganized their 
see that those once equal and sovereign Stale governments, and have never been 
States were reorganised aod governed out of the Union, constitutes all the evi- 
under such act. But no such statute dence that is necessary of a constitu- 
having become a law, it was necessary ency qualified to vote, and to elect Sen- 
to reorganize the governments of those ators aod Representatives in Congress. 
States under the laws then in force. 8th. Those States had civil govern- 

6th. The pretense of the joint com- ments in the hands of usurpers until 
laittee that further legislation by Con- they were overturned by the victorious 
gress is necessary before those States armies of the United States. They had 
will be entitled to participate in the constitutions, laws and governments in 
government or the United States hy full opeiatiuu. TLe main difficulty was, 
their representatives in Congress, is that the officers of those StatC3 had 
based on false assumptions — ou the as- taken an oath to support the constitu- 
Stimption that they were legally out of tkn of the Confederate government, 
the Union — that they had forfeited all It was, therefore, necessary to depose 
their political rights under the Federal those usurping officers, and to have 
Constitution — and that fchi y were re- others elected, who would lake an oath 
duced to the condition of conquered to support the Constitution of the Uni- 
provinces. ted States. But no legislation by Con- 

lst. Though practically out of the gress was necessary, or competent, at that 
Union for a time, they were never le- late day, to attain that end. 
gaily out of it. 2d. They returned to 9th. It is idle to pretend that the new 
their allegiance upon the invitation of constitutions of the insurgent States 
Congress and of Presideuls Lincoln and have not been legally adopted, and that 
Johnson. 3d. The greatest part of them the elections held have been without 
have been pardoned by the President, authority of law; for if the new con- 
4th. Congress not having passed any act stiiuiions have not been legally adopted, 
to forfeit their political rights before or then the old ones are still In force, sub- 
durirjg the rebellion, has no power to ject to the amendment to the Constitu- 
do so now. Congress has no power now lion of the United States, abolishing 
to pass laws to forfeit their rights for slavery ; and the former election laws 
crimes heretofore committed. continued in torce until they were super- 

Congress is expressly pre habited by seded by new laws. In either case, 
the Constitution from passing ex post their present State governments are 
facto laws — or laws to inflict upon the legal governments; — they are, at least, 
rebels new penalties, punishments or de facto governments, and their acts 
disabilities after the rebellion ceased, valid ; or else the amendment to the fed- 
Those States never having been legally eral Constitution has net been legally 



9 



adopted — slavery has not been legally 
abolished, but still remains, and all the 
acts of the Federal Government in re- 
lation to the freedutien have been in vio- 
lation of law — mere acts of lawless vio- 
lence. I presume the radicals will not 
wish to take that horn of the dilemma. 

lOth. The tenth and last position which 
I have stated, as taken by the joint com- 
mittee of Congress, is worthy of more 
consideration than any of the others. 
The order of the positions taken are my 
own, and differs from that of the com- 
mittee. Some amendments to the Con- 
stitution of the United States are de- 
sirable, and should be adopted; but 
there are strong objections to the most 
of the amendments now proposed by 
Congress : 

First. All laws which impose penalties 
or disabilities upon any class of men, on 
account of treason or other crimes, should 
be made before the commission of the 
crime; and amendments to the Constitu- 
tion, in accordance tnerewith, should also 
be proposed, and theu they iuay properly 
be required to assent to such amend- 
ments as a condition of pardon. Other- 
wise, it is objectionable as an ex post 
facto law. 

Secondly. The first section of the pro- 
posed amandment is so vague, that some 
may, and would, construe it as giving 
colored men equal political as well as 
civil rights with white men, and confer 
upon them the elective franchise in all 
the Slates. That section legalizes and 
makes permanent the first section of the 
Civil Rights' bill, upon which such a 
broad construction has been put in some 
places in Ohio. That objection might 
be obviated, and the section rendered 
unobjectionable by inserting the words 
civil rights before the word privileges. 

Thirdly. The second and third sec- 
tions are of an extreme character, and 
are extremely distasteful and offensive to 
the Southern people — so much so, that 
they will never adopt them ; and if 
adopted at all, they must be forced upon 
those States. 

Fourthly. Congress has not passed 



any law to provide for the immediate 
admission of representatives from these 
States, on their ratifying and adopting 
the proposed amendments ; and they 
have no assurance that further condi- 
tions — including the condition of negro 
suffrage — may not be required, after • 
the acceptance and adoption of those 
amendments. 

There was great blindness and stu- 
pidity in propoBing the amendment to 
abolish slavery, without, at the same 
time, proposing to amend the second 
section of the first article of the Con- 
stitution in relation to representation, by 
inserting the word white after the word 
free. Such an amendment would con- 
tinue the basis of representation sub- 
stantially the same as it was fixed by 
compromise by the Constitutional Con- 
vention of 1787. It does not seem just 
for Northern and Western States, that 
have but a very small colored popula- 
tion, and. do not allow negro suffrage, to 
force it upon the Southern Stale.3, or to 
require them 10 adopt (a« a means of 

obtaining their just representation in 
Congress) what has beeu rejected by all 
the States but four. 

But the third section is the most ob- 
jectionable of all, for it disqualifies near- 
ly all the educated men of those States 
for holding a seat in a State Legislature, 
or holding any State, county, city or 
local office. So far as it refers to Con- 
gress and federal offices, the same thing 
is already provided for by the test oath 
law; and, therefore, it is unnecessary. 

As to the fourth section of the pro- 
posed amendments, there are do good 
objections to it ; and if it could be 
adopted separately, it would be adopted 
by all the States — North and South — 
East and West. 

The policy and measures of the Re- 
publican party in refusing to allow the 
seceding States any representation in 
Congress, and attempting to force upon 
them very extreme amendments to the 
Constitution, and negro suffrage also, 
cannot be reconciled either with the 
original federal compact, the fundamen- 



10 

tal principles of the Constitution, na- representation in Congress, rather th*n> 

tional harmony, or with safety to our adopt the proposed amendment ; and 

federal system of government. The without the approval of at least four of 

whole tendency of such action is to un- them, the proposed amendments can 

dermine and destroy the State govern- never become a part of the Constitu- 

ments, and to build up a great central tion. It is, therefore, evident that the 

consolidated govemmeut, with unlimited practical dissolution of the Union will 

powers. contiuue for a reries of years — atid, very 

likely, until we drift into another sreat 

A COMPROMISE NtCESSARY. civil } war _ unle88 some compromis ° e be- 

The policy pursued by the Repub- effected, 

lican party has' made the dividing line A modification of each of the three 

between parties mora sectional than it first see: ious of the proposed amendment 

ever was before. Every State north of should be made by Congress; and an 

Maryland and the Ohio river has been act should be pissed giving a distinct 

carried by the Republicans at the recent pledge, that on the ratification of the 

election?; while eveiy State known be- proposed amendments by the Southern 

fore the rebellion as a slave State (with State?, or by any of them, loyal repre- 

the exception of Missouri and Tennessee) sentatives from the States so approving 

is opposed to the policy of the Repub- them, shall be immediately admitted into 

lieans, and to the pioposed amendment Congress. 

to the Constitution of the United States. The fourth section of the p-oposed 
Missouri and Tennessee baive both been amendments is very generally satis- 
forced to go with the Republican party factory to all parties and sections of the 
by disfranchising a larae portion of the Union; and the first, second and third 
white men of those States by means of sections can be so amended, that many 
military rule. Party spirit among the of the ? outhern States will accept, them, 
Republicans is now more violent, sec- if both parlies will yield their extreme 
tional and aggressive in its character view's, and act with a proper spirit of 
than it was in 18G0. Success has made moderation and conciliation, 
it ambitious and despotic, intolerant and The freed men aud all the colored 
prescriptive. The Republican leaders men born in the United States have, by 
uow seem determined to force negro suf- virtue of tbeii biith, emancipation, and 
frage upon the Southern States, as a the laws of the land, become citizens of 
condition precedent to the restoration the United States and of the States in 
of the Union, and as a means aLo of which they reside, and they are entitled 
perpetuating their own power; and the to the protection of the laws, and to the 
proposed amendments, in their present same civil rights as white citizens; but 
objectionable shape — so offensive, in they are not entitled to any political 
some of their features, to the Southern rights and privileges, except 6Ucli as 
people — are used only as a cover, or have been, or may be, granted to them 
pretense, and, if successful, as an enter- by the constitutions and laws of the 
ing wedge to attain their ultimate ends several States, and are consistent with 
and objects. the peace and general welfare of the 

Delaware, Maryland, and Kentucky, country, 
snd all the ten States now practically Inseit the words civil rights before 
out of the Union, are all oppo.-ed to the word privileges iu the first section 
the 1st, 2d and 3d sections of the pro- of the proposed amendments, so as to re- 
posed amendment in their present form, move all obscurity, and limit the opera- 
All of those ten States prefer to stay tion of the section to civil rights and 
out of the Union, and take care of privileges, and it will remove ail reason- 
theniselves as best they can, without any able objection to the section, and make 



11 

It very generally acceptable to all par- a small portion. only of the colored men. 
ties. , . Do the radicals propose such a revolu- 

As a substitute for the second section tion as that, in our system of "overn- 
amend the thjrd clause of section 2, ar- ruent ? 

tide 1, of the Constitution, which idates ' Capacity to acquire and keep proper- 
to taxation and representation, by in- ty furnishes evidence o-f, thought and in- 
serting the word white after the word dustry, prudence and foresight ; and 
free; and the relative power of the sev- hence such a property qualification as is 
eral States would then continue, after the prescribed for' the colored man by the 
next census, substantially the same as it Constitution of the fcHate of New York 
was fixed by the compromise of the would probably work well at the South; 
Convention cf 1"7S7; to which the South but ability to read and write furnishes a 
could not reasonably object. test of qualification loo uncertain and de- 

But the South may tetter submit to pendent upon the prejudices or favorite- 
the second section of the proposed ism of election boards, and too weak 
amendmeut as it isr-than to have uni- and shadowy to be safe. Do tbe radi- 
versal suffrage forced upon them with cals propose to disfranchise allthe white 
universal amnesty— which has been bar- men of tbe North and West, as well as 
ped upon by the radicals. If that sec at the South, who cannot read and 
tion be adopted as it is, and the South write the English language ? 
be fully represented in the Senate, their Strike out of the third section the 
rights would be more secure than they words or under any Slate, and thereby 
are now ; and they would never be confine tbe operation of that section to 
guilty of the egregious folly of conferring federal officer*, and it would remove all 
universal suffrage upon the adult males its really objectionable features, and give 
of their late plantation slaves. it no more extensive operation than the 

To confer the elective franchise upon test oath now has. If so amended, it 
the masses of the late plantation slaves would not interfere with the interior 
would probably be the greatest curse and domestic sovereignty and govern- 
which could possibly befall the country, ment of the States, and "would not be 
Confer the eleciive franchise and elegibil- inconsistent with the fundamental prin- 
ity to office on white and colored men ciples of our federal system of govern- 
alike, in States where the latter consti- ment. Those States should be repre- 
tute from 40 to 55 per cent of the whole sented by men who understand and can 
population, and such rivalship and dis- fairly represent their rights and interests, 
secsioD, controversies and political strug- It is not necessary nor desirable that 
gles wouldfbe excited between the whites the passions and prejudices, the hatred 
and blacks, that mobs and massacres for the Northern people, and the ambi- 
would arise, and the country would soon tion for independence of the secession 
be involved in a war of races. To main- element of the Southern people, should 
tain the peace of the country under such be represented in Congress. The test 
a state of things would be impossible. — oath cannot be repealed, and those StateB 
The South might better be kept out of will be compelled to submit to it, unless 
tbe Union, than be sutjected to such the proposed amendment to the Consti- 
trials in it — of which the history of Hay- tution be adopted ; and in that case the 
ti furnishes a pregnant example. third section of the amendments should 

Nor would equal suffrage, as it is call- le regarded as a substitute for the test 
ed, be any belter ; but precisely the oath, a new oath should be prescribea in 
same thing — unless tests be adopted, by accordance therewith, and the present 
which a large class of the white men of oath should be repealed, 
the North and West be disfranchised in The fifth section is in accordance with 
order to confer the elective franchise ou the practical construction given to the 



13 

latt paragraph of the 8lh section of nod to rewmmeod, in a spirit of con' 
article 1 of the Constitution. There is, ciliation and compromise, such measures 
therefore, no reasonable objection to it as may nem to be required by a ma- 
The President has a duty to perform jority of the people, and necessary ior 
in this matter — to recommend measures the peace and tranquility of the coun- 
to Congress for the pacification of tbe try ? I have no reason to doubt that 
country. And if public opinion be such tbe President will faithfully do his duty 
that the measures which he deems best in the future, ax he has done in the 
cannot be adopted, is it not his duty to past, 
consider all such matters, and the dan- 
gers to which the country is exposed, £. C Sbamak. 

A«5 Aebok. Not,, I860. 



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S&PT 79 



N. MANCHESTER, 
INDIANA 46962 






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